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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND
COMMUNITY SERVICES DEPARTMENT TO
EXECUTE A CONSULTANT AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND COAST SOCCER LEAGUE TO PROVIDE
MANAGEMENT SERVICES AT THE SAN
BERNARDINO SOCCER COMPLEX
MICC Meeting Date: June 19,2006
Dept: Parks, Recreation &
Community Services Dept.
Date: June 13,2006
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
~#t
Signature
~
Contact person: Lemuel P. Randolph
Phone: 5030
Supporting data attached: St,ffReport Re,o & rontroet
Ward: 7
FUNDING REQUIREMENTS:
Amount: $63,668
Source: (Aeet. No.)
(A"d n.."",irtinn)
Finance:
Council Notes:
R f SO, .;l 00 lo -;;l ~,..cl
Agenda Item No. :J.. s-'
&JJ/1JO~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution ot' the Mavor and Common Council of the City or San Bernardino authorizinQ the
Director 01' Parks. Recreation and Comlllunity Services ()epartmcnt to execute a Consllltant
A1'reement between the Cilv ()r San Hcrnardino and Coast Soccer I.eague to provide
management services at the: Sail Bernardino Soccer Complex.
Background:
In Februarv 200ej. the Ci1v Council approved a one-)ear contract with Bruce Danicls to provide
comprehensive l1lanagcllll'llt services at the soccer complex. The agreement included an option
to extend the agreL'ment J(lr three (1) (me-year periods at the mutual consent or both parties.
Amendment i';o. I w~1S exercised in June 2005 extcndin~ the a~reement throu~h lVlav or 2006.
The City opted not to renew lVlr. Ilaniels' contract past the 'day 2006 date. ' .
In \'lay or 200(" Garv Sparks of Coast Soccer Lca~ue presented a proposal to the City to provide
management sen ices 1,)1' the Soccer Complex untiT the City could dctermine a 10n1'-t(rm plan for
operating thc complex. This Consultant i\greement \\mIld have Mr. Sparks as the lead. and
Coast Soccer Lea1'ue as the operators. Coast Soccer Lea1'ue shall have full control or all aspects
of the managerial operation or the Soccer Complex with the exception of the parking related
Ilmctions, and collection or conecssion ICes. Thc City shall receive all ICes including parking,
conc~ssion. and tournament fces.
Coast Soccer League is the major user of the soccer complex and has signed a live-year
a1'reement with the City or San Bernardino. As a major 1'~lIlling circuit that brings over 40
tournaments per YC~lr to the com ple\:. Coast Soccer LeaQuc has a \"cskd interest in maintaining
the SLlccer complex sothelt it wi]1 keep their clients satislled. Stafr is convinced that Ciary Sparks
nnd ('oast Soccl.?r I ,cague will he ahle to manage the soccer comrIe\. in a satis!~lctory manner.
The agreement lIill cover the dates inclusive Llr .June I, 2006-Scptember 20. 2006, with (1) one-
month renewal options. Compensatiun to the contractor shall be at a rate 01' S7,081 per month
and the eLlst or houri v starf estimated at S2.000 per month l'lr a total monthlv cost of $9,083.
This paymcnt shall h~ generated from the temporary increase in parking Ices Irom $5 to $7 for
the course or this agreement.
Finaneiallmpact:
Re\enue estimate [t)r the four month a1'reement is $175.000 less S63,('68 in expenses equaling a
net revellue (lj'$ll1.332.
Recommendation:
Adopt Resolution.
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES
3 AGREEMENT WITH COAST SOCCER LEAGUE TO PROVIDE MANAGEMENT
SERVICES TO THE SAN BERNARDINO SOCCER COMPLEX.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
7 to execute on behalf of said City a Services Agreement with Coast Soccer League, a copy of which
8 is attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set forth
9 at length.
10 SECTION 2. The authorization to execute the above referenced agreement is rescinded if
11 the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.
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23 /II
24 1/1
25 1/1
26 /II
27 /II
28 /II
DHC/js (Resolutions\Coast Soccer League.Resolution] 1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A SERVICES
AGREEMENT WITH COAST SOCCER LEAGUE TO PROVIDE MANAGEMENT
3 SERVICES TO THE SAN BERNARDINO SOCCER COMPLEX.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
meeting hereof, held on the
6
day of
7
Council Members:
8
ESTRADA
9
LONGVILLE
10
MCGINNIS
11
DERRY
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
, 2006, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
City Clerk
17
18
The foregoing resolution is hereby approved this
day of
,2006.
19
20
21
Patrick J. Morris, Mayor
City of San Bernardino
22
23
Approved as to Form:
JAMES F. PENMAN,
24 City ttorney
25
26
27
28
<!~
DHC/js tResolutions\Coast Soccer League.Resolution] 2
SERVICES AGREEMENT
This Agreement is entered into this
day of June 2006, by and between
COAST SOCCER LEAGUE., ("CONSULTANT") and the CITY OF SAN BERNARDINO
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the City of San Bernardino to engage a firm to provide management
services to the San Bernardino Soccer Complex ("Complex");
WHEREAS, CONSULTANT possesses the skills and ability to provide said services
for the CITY;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
CONSULTANT to conduct management services as set forth in Exhibit "A," attached hereto,
and incorporated herein by reference as though fully set forth at length. City shall have the
rights, duties and obligations, as set forth in Exhibit "B," attached hereto, and incorporated
herein by reference as though fully set forth at length.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, CITY shall pay to the CONSULTANT the
sum of Seven Thousand and Eighty Three Dollars each month for the services provided. In
addition, the City shall pay an additional amount of not more than Two Thousand Dollars each
month in full compensation for the provision of CONSULTANT's employees that will be
utilized in providing the management services. Said amount shall include wages, salaries,
1
workmen's compensation insurance, payment of social security and other taxes, and all other
compensation, or other obligations due and owing CONSULTANT's employees.
b. No other expenditures made by CONSULTANT shall be reimbursed by CITY
without the prior written approval of the Mayor.
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of ninety (90) days only, commencing
on June , 2006, and terminating on September _, 2006, unless previously modified,
amended, or cancelled by the written mutual consent of the parties.
This Agreement may be tenninated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
parties agree to meet and confer on the possibility of entering into agreement to provide further
services following the termination of this Agreement.
4. INDEMNITY.
CONSULTANT shall indemnify, defend and hold harmless the CITY, its officers,
employees and agents (including, without limitation, reasonable costs of defense and
reasonable attorney's fees) arising out of or related to CITY'S performance of this Agreement,
except that such duty to indemnify, defend and hold harmless shall not apply where injury to
person or property is caused by CITY'S willful misconduct or negligence. CITY shall
indemnify, defend and hold harmless the CONSULTANT, its officers, employees and agents
(including, without limitation, reasonable costs of defense and reasonable attorney's fees)
arising out of or related to CONSULTANT's performance of this Agreement, except that such
duty to indemnify, defend and hold harmless shall not apply where injury to person or property
is caused by CONSULTANT's willful misconduct or negligence. The costs, salary and
2
expenses of the City Attorney and members of his office in enforcing this Agreement on behalf
of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
CONSULTANT shall maintain in effect policies of comprehensive public, general and
professional liability insurance, in the amount of $1,000,000.00 combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY'S Risk Manager prior to undertaking any work under this Agreement. CITY shall be set
forth as an additional named insured in each policy of insurance provided hereunder. The
Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6. NON.DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
CONSULT ANT shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
CONSULTANT shall perform work tasks provided by this Agreement but for all intents
and purposes CONSULT ANT shall be an independent contractor and not an agent or employee
of the CITY.
8. NOTICE.
Any notice to be given pursuant to this Agreement shall be deposited with the United
Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
City Manager's Office
300 North "D" Street
San Bernardino, CA 92418
3
Facsimile (909) 384-5138
TO THE CONSULTANT:
Bernard Towers
Coast Soccer League
924 East Champman A venue
Orange, CA 92866
9. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees"
for the purposes of this paragraph.
10. ASSIGNMENT
CONSULTANT shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONSULTANT's interest in this Agreement without CITY's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
CONSULTANT of CONSULTANT's obligation to perform all other obligations to be
performed by CONSULT ANT hereunder for the term of this agreement.
11. GOVERNING LAW
This Agreement shall be governed by and construed and interpreted in accordance with
the laws of the State of California without regard to principles of conflicts of law.
4
12. VENUE
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California
The aforementioned choice of venue is intended by the parties to be the mandatory and not
permissive in nature.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date first above written.
Date: June
,2006
Coast Soccer League
By:
Bernard Towers, President
Date: June
,2006
City of San Bernardino
By:
Patrick J. Morris, Mayor
ATTEST:
Rachel Clark, City Clerk
APPROVED AS TO FORM:
James F. Penman, City Attorney
.,..............
/
I
5
Exhibit" A"
During the term of this Agreement, Consultant shall have the following rights, duties and
responsibilities:
A. Consultant shall have full control of all aspects of the managerial operations of the
Complex as set forth in this Agreement, except for parking, including, but not limited
to, the selection of concessionaires.
B. Consultant to negotiate contracts with Complex users and potential users, subject to
review and written approval by City.
C. Consultant shall retain the services of Complex managers/administrators. Said
administrators shall be employees of Consultant and will be compensated by
Consultant. Consultant assumes all risk for its employees.
D. Consultant shall engage the services of independent contractor to perform services
not provided by the City.
E. Consultant shall market and negotiate the Complex for future events, subject to the
approval of the City or its authorized representative.
F. Consultant shall have the right to make improvements to the Complex, its fields,
buildings and equipment after obtaining written approval from City to do so. City
shall not unreasonably withhold said approval, if such improvements are in the best
interests of the City.
Exhibit "B"
During the term of this Agreement, City shall have the following rights, duties and
responsibilities:
1. City shall receive and be entitled to all fees including parking, concession and
tournament fees. City, with the consent of Consultant, shall devise a procedure
whereby City shall collect all parking fees, concession revenues, and usage fees
during the duration of this Agreement. The City may, at its sole discretion, increase
the amount of parking fees.
2. City shall provide landscape and maintenance services, maintenance of buildings and
grounds, and other related services.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
Vote: Ayes ':>
Resolution #
Abstain 1\
~b~ - JJ--q
Absent (p
Item# ~S-
1\
,
Change to motion to amend original documents 0
Companion Resolutions
NulllVoid After:
00
days/
Resolution # On Attachments:~
PUBLISH 0 POST 0
8/J! /~{g
I I
Note on Resolution of attachment stored separately: 0
RECORD W/COUNTY 0 By:
Date Sent to Mayor: \o~~ (0
Date of Mayor's SIgnature: ~~
Date of Clerk/CDC Signature: / fX,
Reso. Log Updated: ~.
Seal Impressed: ~
Reso. # on Staff Repo~
Date Memo/Letter Sent for Signature: ~r [C)- OitJ Date Returned:
1" Reminder Letter Sent: 2nd Reminder Letter Sent:
~ - 3 r Cb Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
Animal Control 0
City Administrator 0
City Attorney >>tP.Y\\V
Code Compliance 0
Development Services 0
Others:
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
EDA
o Information Services
o Parks & Recreation
~ V.tl't U\'\.,\rcJolice Department
o Public Services
o Water Department
o
R;
o
o
o
Notes:
Facilities
Finance
Fire Department
Human Resources
Ready to File: _
Date:
Revised 12/18103
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 19,2006
YOUR COPY
TO:
Lemuel Randolph, Director
Parks, Recreation & Community Services Department
FROM:
Sandra Medina, Assistant to the City Clerk
RE:
Transmitting Documents for Signature - Resolution No. 2006-229
At the Mayor and Common Council meeting of June 19, 2006, the City of San Bernardino
adopted Resolution No. 2006-229 - Resolution authorizing the Mayor to execute a services
agreement with Coast Soccer League to provide management services to the San Bernardino
Soccer Complex
Attached are one (1) original services agreement and two (2) duplicate original services
agreements. Please obtain signatures in the appropriate locations and return the ORIGINAL
agreement to the City Clerk's Office as soon as possible, to the attention of Dodie Otterbein,
Records Management Coordinator. Please forward the remaining fully executed copy to the
other party.
Please be advised that the resolntion and agreement will be null and void if not executed
within sixty (60) days from the date of adoption, or returned to our office by Friday,
August 18, 2006.
If you have any questions, please do not hesitate to contact Dodie Otterbein, Records
Management Coordinator at ex!. 3215. Thank you.
J Ct'nL~iL 1Y~ dJ/'('~
Sandra Medina .
Assistant to the City Clerk
I hereby acknowledge rece~. ove mentioned documents.
Sign~~~
Please sign and return
Date:lo -~"'\-~Q